J-A14043-23

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT OP 65.37

CITY LIFE PROPERTY AND 

DEVELOPMENT MANAGEMENT, LLC

v.

ADEL ALAMERI 

Appellant

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 IN THE SUPERIOR COURT OF

 PENNSYLVANIA

 No. 3147 EDA 2022

Appeal from the Order Entered November 14, 2022

In the Court of Common Pleas of Philadelphia County Civil Division at 

No(s): 150201675

BEFORE: PANELLA, P.J., DUBOW, J., and SULLIVAN, J.

MEMORANDUM BY SULLIVAN, J.: FILED JUNE 12, 2023

Adel Alameri (“Alameri”) appeals from the order denying his petition to 

set aside a sheriff’s sale. We remand for a supplemental trial court opinion 

consistent with this decision. 

Given our disposition, a full recitation of the facts and procedures giving 

rise to this appeal is unnecessary. Briefly, City Life Property and Development 

Management, LLC (“City Life”) sued Alameri for a breach of a lease agreement 

concerning real property on North Broad Street. City Life prevailed and 

obtained a money award in its favor. City Life filed a writ of execution against 

Alameri’s real property at 2212 North Syndenham Street (“the Syndenham 

Street property”). The Syndenham Street property sold at a sheriff’s sale in 

September 2022. Within thirty days of the sheriff’s sale, Alameri filed a 

motion to set aside the sheriff’s sale asserting that City Life failed to provide 

proper notice of the sale and the docket did not indicate notice of the sale. 
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City Life answered the motion to set aside the sheriff’s sale asserting that 

Alameri had actual notice of the sale. 

On November 14, 2022, the trial court denied Alameri’s motion to set 

aside the sheriff’s sale without explanation.

1 Alameri filed a motion for 

reconsideration. The trial court denied reconsideration on December 8, 2022. 

Alameri timely appealed the denial of his motion to set aside the sheriff’s sale.

2

 

The trial court, by order dated January 4, 2023, and entered January 5, 

2023, directed Alameri to “file of record a Concise Statement of Errors 

Complained of on Appeal pursuant to Pennsylvania Rule of Appellate 

Procedure, Rule 1925(b) and pursuant to subdivision (b)(1), 

concurrently serve this [c]ourt at the Criminal Justice Center, 1301 Filbert 

Street, Suite 1413, Philadelphia, Pennsylvania, 19107-2609, within twentyone (21) days.” Order, 1/5/23 (“the January 5, 2023 order”) (emphasis 

added). The January 5, 2023 order cautioned that “[a]ny issue not properly 

included in the Statement timely filed and served pursuant to subdivision (b) 

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1

 The trial court dated the order November 9, 2022, but the trial court’s 

prothonotary docketed the order on November 10, 2022, and served the order 

on November 14, 2022. Therefore, we will refer to the order denying Alameri’s

motion to set aside the sheriff’s sale as the November 14, 2022 order. See

Pa.R.A.P. 108(b). 

2 Alameri properly indicated that he appealed from the order denying his 

motion to set aside the sheriff’s sale but later indicated to this Court that he 

took his appeal from the order denying his motion for reconsideration. We 

have amended the caption of this appeal to reflect that this appeal properly 

lies from the order entered on November 14, 2022. See Erie Ins. Exch. v. 

Larrimore, 987 A.2d 732, 743 (Pa. Super. 2009) (noting that “[d]enial of 

reconsideration is not subject to appellate review”). 
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shall be deemed waived.” Id. (emphasis added). The trial court’s 

prothonotary indicated “notice given on [January 5, 2023] of order 

entered/236 notice given . . . .” See Docket Entry, 1/4/23 at 2:55 p.m. 

Alameri then filed a Rule 1925(b) statement on January 24, 2023, and a

certificate of service of his Rule 1925(b) statement on January 26, 2023. The 

January 26, 2023 certificate of service averred that Alameri served the trial 

court by first class mail. The trial court subsequently authored a Rule 1925(a) 

opinion stating that Alameri “has not filed” a Rule 1925(b) statement and 

requested that this Court find any issues raised on appeal waived and dismiss 

the appeal. Trial Court Opinion, 2/7/23, at 1-2. 

Before addressing the issues raised in this appeal, we consider the trial 

court’s opinion that Alameri’s noncompliance with Pa.R.A.P. 1925(b) results in 

waiver. See Feingold v. Hendrzak, 15 A.3d 937, 940 (Pa. Super. 2011)

(noting that an untimely filing of a concise statement results in waiver of all 

issues on appeal).3 Initially, we note that the trial court’s January 5, 2023 

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3 We add that City Life asserts that this Court should quash this appeal due to 

Alameri’s failure to comply with numerous rules of appellate procedure and 

directives from this Court, including Alameri’s failure to provide proof of the 

date of service of his Rule 1925(b) statements. See City Life’s Brief at 3 & 

n.3; see also id. at 4-8. We acknowledge City Life asserts that Alameri: (1) 

improperly attached a document not contained in the record to his brief, (2) 

failed to timely comply with this Court’s order to file a reproduced record; and 

(3) filed a late reproduced record that did not include a table of contents, page 

numbers, or the required contents of a face-sheet. We conclude those defects 

do not impair this Court’s ability to review the issues raised in this appeal and 

will not quash or dismiss the appeal for those reasons. See Booher v. 

Olczak, 797 A.2d 342, 344 (Pa. Super. 2002). Therefore, we will only address 

the apparent defects with respect to Alameri’s Rule 1925(b) statement. 
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order complied with the content requirements of Rule 1925(b). See Pa.R.A.P. 

1925(b)(3); see also Greater Erie Indus. Dev. Corp. v. Presque Isle 

Downs, Inc., 88 A.3d 222, 225-26 (Pa. Super. 2014) (noting that when the 

trial court’s order complies with the requirements of Rule 1925 and an 

appellant fails to comply with the order, waiver is appropriate). Moreover, the 

order and the docket contain notations of service pursuant to Pa.R.Civ.P. 236. 

Thus, if Alameri failed to comply with the terms of the trial court’s January 5, 

2023 order, waiver will be appropriate. See Greater Erie Indus. Dev. Corp.,

88 A.3d at 225-26. 

As noted above, the trial court faulted Alameri for failing to file a Rule 

1925(b) statement in compliance with its order. See Trial Court Opinion, 

2/7/23, at 1-2. Neither the docket nor the record supports the trial court’s

conclusion: the docket states that Alameri filed a Rule 1925(b) statement, and 

the record establishes that he did so on January 24, 2023, within the twentyone days from the appropriate entry of the trial court’s January 5, 2023 order

requiring the filing of a statement. Thus, we discern no support for the trial 

court’s conclusion that Alameri’s failure to file a Rule 1925 statement requires 

the waiver of his appellate issues. 

This does not end our inquiry, however. The trial court’s January 5, 

2023 order required Alameri to file and serve the trial court with his Rule 

1925(b) statement. See Order, 1/5/23. Although Alameri filed a certificate 

of service indicating that he mailed a copy of his statement to the trial court, 

he has yet to provide reasonably verifiable proof of the date of the mailing. 
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See Pa.R.A.P. 1925 Comment (advising counsel “to retain date-stamped 

copies of postal forms (or other proofs of timely service), in case questions of 

waiver arise later, to demonstrate that the [s]tatement was timely filed or 

served on the judge”). 

Based on the foregoing, we remand to the trial court for a determination 

of whether Alameri properly served the trial court with his Rule 1925(b) 

statement. See Pa.R.A.P. 1925(b)(1), (c). The trial court may hold a hearing 

and shall promptly prepare and file a supplemental trial court opinion detailing 

its findings and conclusions of law within thirty days of this decision. 

Furthermore, if the trial court determines that Alameri complied with its

January 5, 2023 order or a breakdown in the operations of court occurred, the 

trial court’s supplemental opinion shall address the issues raised in Alameri’s

Rule 1925(b) statement.

We direct this Court’s Prothonotary upon receipt of the trial court’s 

opinion, to issue a new briefing schedule to afford the parties the opportunity

to address the issues discussed in the trial court’s supplemental opinion. 

Furthermore, we direct that upon receipt of all necessary filings and briefs, 

the Prothonotary shall list this appeal on the next available Eastern District 

argument panel.

Remanded with instructions. Court jurisdiction retained. Case 

continued to a future argument panel.